A district court judge ordered a man accused of exposing himself to students outside of a Newton school to be evaluated for alcohol abuse treatment.


A district court judge ordered a man accused of exposing himself to students outside of a Newton school to be evaluated for alcohol abuse treatment.
Tracy A. Egan, 37, homeless, was in Harvey County District Court Friday on sentencing for two counts of lewd and lascivious behavior with children younger than 16.
Egan was arrested Aug. 25 for showing his genitals to students outside of Santa Fe 5th/6th Center in Newton as students were arriving at school.
Egan’s defense attorney, Brent Boyer, said Egan told him he had been so drunk the morning of his arrest he had blacked out and was not sure what happened.
Egan has five prior convictions — three for driving under the influence and another case of lewd and lascivious behavior, which did not involve minors. The nature of the fifth crime was not released.
Harvey County District Judge Richard Walker said he was shocked to learn Egan had never been ordered to in-patient rehab even after his third DUI conviction, which was a felony.
State sentencing guidelines would have allowed Egan to serve probation. Probation also was recommended as part of plea agreement with the prosecution per a no-contest plea in September.
However, based on his past criminal history, Walker said he did not feel right releasing Egan with no plans of substance-abuse treatment.
“It is like it is written in orange letters on the ceiling — Needs alcohol and substance abuse treatment now,” Walker said.
Walker sentenced Egan to eight months in jail on the first charge and six months in jail on the second charge. He was ordered to serve probation after serving 60 days in jail.
Walker said he thought he had to sentence Egan to jail in order to insure he would be evaluated for alcohol and substance-abuse treatment.
He said if Egan is referred to in-patient substance-abuse treatment, he will amend his order and allow Egan to be released for treatment.
“I think if I tell you to go forth and do well, I think I am telling you to go forth and fail,” Walker said.
Walker said his solution was not ideal, but he hopes Egan will get the treatment he needs.
Egan said he is sorry for what he did, and he hopes to get a job when he gets out of jail.
He already has served 60 days in jail since his arrest.